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Home My WebLink About5866 ORDINANCE NO.5 8 6 6 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTIONS 3.12.011, 3.12.0~0, 3.12.032, 3.12.034, 3.12.038,3.12.040 AND CREATING NEW SECTION 3.12.036 RELATED TO SMAll PUBLIC WORKS PROJECTS WHEREAS, the City desires to use the small public works contract limit and the limited public works process as set forth in RCW 39.04.155. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOllOWS: SECTION ONE. AMENDMENT TO CHAPTERS OF CITY CODE. That Auburn City Code Chapter 3.12 entitled "Public Contracts," specifically Sections 3.12.011, 3.12.030, 3.12.032, 3.12.034, 3.12.038, 3.12.040 are amended, and new Section 3.12.036 is created, to read as follows: 3.12.011 Formal advertisement required. A call for bids shall be issued in accordance with the provisions herein before any contract is let for the performance of any public improvement for which the estimated cost thereof (including the cost of materials, supplies and equipment) shall exceed the sum of $100,000 $200,000. Projects of $100,000 $200,000 or less need not be advertised; provided, that the small works roster procedures as herein established in ACC 3.12.030 through 3.12.Qð8040 are used. (Ord. 4924 § 2,1997; Ord. 4581 § 2,1992.) 3.12.030 Small works roster established. The city is herein authorized to establish utilize a Gity-construction contractor's small works roster comprised of all responsible contractors who request to be on the roster and who a're, where required by law, properly licensed or registered and bonded to perform contracting work in the state of Washington. The city reserves the riqht to exclude a contractor from the roster if they are deemed to be not responsible or to remove a contractor from the roster at such ------------------------- Ordinance No. 5866 October 26, 2004 Page 1 time as the city becomes aware of specific facts that would deem the contractor to be not responsible. (Ord. 4924 ~ 2,1997; Ord. 4581 ~ 2, 1992.) 3.12.032 Method of eEstablishment of small works roster. The small works roster shall be established as follows: A. At least twioe once a year, the city shall advertise in a newspaper of general circulation the update of the small works roster. The city shall add to the roster those contractors who respond to the advertisement and request to be included on the roster. B. In order to be included on the roster, contractors shall supply information tG the oity in response to a standard questionnaire to be de'/eloped by the direotor of public works which shall include the following: 1. The contractor's state license and/or registration, where required by law; 2. The contractor's UBI number. Federal tax 10 number, and L&I License expiration date. 2. The contractor's average annual volume of workclaims history, safety record, financial history. bond forfeiture and construction litiqation history, and ability to meet insurance requirements; 3. The contractor's experience, organization and technical qualifications necessary to perform proposed contracts; 4. ^ surety oompany's letter oertifyin€! the oontmotor's 1,)Qndin€! oapaoityThe contractor's insurance coveraqe and bond; 5. The contractor's history of iobs performed for public aqencies. includinq contact names and telephone numbers for those iobs to allow the City to contact the references.satisfuctorj rooora of perfermanoe, skills, and oapabilities. (Ord. 4924 ~ 2,1997; Ord. 4581 ~ 2,1992.) 3.12.034 Procedure for utilization of small works roster. The small works roster may be utilized, in lieu of advertising (ACC 3.12.011), as follows: A. Whenever the city seeks to construct any public works project, the estimated cost of which, including costs of material, supplies, labor and equipment is $100,000 $200.000 or less. B. W hen the small works roster is utilized, the city shall provide an opportunity to all appropropriate contractors on the small works roster to express their interest in a specific proiect. and shall invite proposals bids/quotes from all who demonstrate an interest.appropriate oontraotors on the small works roster (at loast five when l3essible) inoluding, whene'.'er possible, at leaet one proposal from a minority oontmotor and a 'Nomen owned oontractor firm who othel'",ise qualifies, and reoeive at least three qualified bids, unlese exoeptions are approved lily the public works committee. Ordinance No. 5866 October 26, 2004 Page 2 C. The invitation to the contractor on the small works roster shall include an estimate of the scope and nature of the work to be performed and materials and equipment to be furnished. if applicable, and time required for completion. D. When awarding a contract for work under the small works roster, the city shall award the contract to the contractor submitting the lowest responsible bid; provided, however, that the city reservès its right under applicable law to reject any or all bids, and to waive procedural irregularities. E. For contracts greater than $25,000, the city council shall award the contract to the lowest responsible bidder. For contracts of $25,000 or less, the public works director shall have the authority to award the contract. (Ord. 4924 § 2, 1997; Ord. 4581 § 2,1992.) 3.12.036 Limited public works projects. In accordance with RCW 39.04.155, the city may award a contract for work, construction alteration, repair, or improvement project(s) estimated to cost less than $35,000 usinq the limited public works process. Public work projects awarded under the limited public works process are exempt from the other reQuirements of the small works process provided under ACC 3.12.034. For limited public works projects, the city shall solicit electronic or written Quotations from a minimum of three (3) contractors from the small works roster and shall award the contract to the Contractor submittinq the lowest responsible bid; provided. however, that the city reserves its riqht under applicable law to reject any or all bids, and to waive procedural irreqularities. The city shall attempt to distribute opportunities for limited public works projects eQuitably amonq contractors willinq to perform within Auburn. The city shall maintain a list of the contractors contacted and the contracts awarded durinq the previous twenty-four (24) months under the limited public works process, includinq the name of the contractor, the contractor's reqistration number, the amount of the contract. a brief description of the type of work performed. and the date the contract was awarded. 3.12.040 Contractor's bond. Whenever the city shall contract with any person or corporation to do any work, the city shall require the person or persons with whom such contract is made to make, execute, and deliver to the city clerk a sufficient bond, with a surety company as surety, conditioned that such person or persons shall faithfully perform all the provisions of such contract and pay all laborers, mechanics, subcontractors and material suppliers, and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work. Said security company in accordance with RCW 39.08.010 shall be bound by the laws of the state of Washington and subject to ------...------------------- Ordinance No. 5866 October 26, 2004 Page 3 the jurisdiction of the state of Washington. The provisions of RCW 39.08.010 through 39.08.030 shall not apply to any money loaned or advanced to any such contractor, subcontractor or other person in the performance of any such work. For contracts usinq the limited public works process, the city may waive the payment and performance bond reQuirements of Chapter 39.08 RCWand retainaqe reQuirements of Chapter 60.28 RCW, thereby assuminq the liability for the contractor's nonpayment of laborers. mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 84 RCW that may be due from the contractor for the limited public works project; however, the City shall have the riqht of recovery aqainst the contractor for any payments made on the contractor's behalf. The City Enqineer shall have the authority to waive the payment and performance bond reQuirements and retainaqe reQuirements based on his/her evaluation of the project and determination of risk. On contracts of $25,000 or less, upon mutual agreement, the city may, in lieu of the bond, retain 50 percent of the contract amount for a period of ðQ45 days after date of final acceptance, or until receipt of all necessary releases from the Department of Revenue, Employment Security Department, and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. ) SECTION TWO. GENERAL SEVERABILITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. SECTION THREE. IMPLEMENTATION. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ------------------------ Ordinance No. 5866 October 26, 2004 Page 4 ATTEST: ~~ Danièlle Daskam City Clerk Published: 11~lcLt ----------------------- Ordinance No. 5866 October 26, 2004 Page 5 INTRODUCED: NOV I 2004 PASSED: NOV 1 2DD4 APPROVED: NOV 1 2004 ~~ PETER B. LEWIS MAYOR